Most people believe that their DUI charges will be dropped or dismissed because they believe their “constitutional rights” were violated during the DUI investigation or during their arrest. The rights that these people referring to are Miranda Rights in Georgia.
As a Georgia DUI Attorney, I like to keep people informed of the truths and realities behind Georgia DUI Laws. People believe that when arrested for DUI that the arresting officer is required by law to recite them their “Miranda” rights concerning their right to remain silent or their right to an attorney.
However, these rights are limited to specific circumstances.
Miranda Rights and Georgia DUI Arrests
Miranda rights rarely apply in a DUI arrest.
- The right to remain silent only actually applies to when someone is already in custody, and authorities are attempting to elicit a confession. Therefore, the right to remain silent doesn't really ever apply to a DUI arrest. DUI is a crime that is actually witnessed by police, and nine times out of ten, all of the evidence is gathered prior to the arrest.
- The right to an attorney during a DUI arrest, a person does not have the right to an attorney until he or she has made a decision on implied consent. Therefore, the right to an attorney goes into effect only after someone's DUI arrest in Georgia.
Miranda rights would only apply in a DUI arrest under situations like the following.
- If a person is arrested for DUI, and the officer knows that his or her license is suspended.
- If a person is arrested for DUI, and the officer knows of a warrant for a different crime
- If a person is pulled over, and the officer sees in plain view any drugs inside the vehicle before the DUI investigation.
What rights actually apply in a Georgia DUI Arrest?
There is a statutory right that does apply to all DUI cases in Georgia. This statutory right is the Georgia Implied Consent Warning, which requires an officer to recite the proper implied consent warning outlining the legal requirements of a driver to submit to a Georgia DUI breath and blood tests. After submitting to a test, a person should be advised that he or she has a right to an independent test at his or her own expense.
Unlike failure to recite someone's Miranda rights, a failure to properly read the proper Implied Consent Warning by an officer can lead to a dismissal in a DUI case.
If you or a loved one has been charged with a DUI in Georgia, contact us today.
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